VARTHAKAVARDHINI BANK LTD Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In the list of debtors filed by the liquidator on June 30, 1954, the two debts of which repayment is claimed from the aforesaid R. chikkaveeranna are items 45 and 46 viz.

(2.) The said Chikkaveeranna died on August 22, 1956. Hence the liquidator took out notice to his widow, subbamma, The Said subbamma in her affidavit of objection stated that she had no knowledge of the loans taken by her deceased husband and put the liquidator to strict proof. she also objected to the the claim as barred by time, firstly, because she is sought to be imploded as a legal representative nearly eight years after the death of her husband without any application for setting aside the abatement or to condone the delay in imploding her, and, secondly, because the original cause of action against here husband was barred by limitation and there is bothing in the banking companies act or the companies act which would revive the cause of action against her husband or against her. There was another objection to the effect that the proposed action by the liquidator under section 45D and 45-O of the Banking companies act was not maintainable in view of section 14 of the amending act of 1956; this objection, however, is not pressed by her learned advocate, Mr. Bopanna, for the reason that there is nothing in the said section 14 to support or substantiate the objection.

(3.) Subbamma has not led any evidence. The liquidator, Mr. S. Chiinaswami Setty has given evidence speaking to the entries in the books of account and other books of the company which are relevant to his claim.